The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-05-05
Supreme Judicial Court.
JUDGE EMERY PRESIDING.

week ard was reported in that issue. The jury re.
turned a verdict for defendant town. Fogler for
pln. Pierce for deft.
Laura J. Treat, cxccutriN, VS.. Stephen Sprague.
Action on two judgments received in 1874 before
lrialJusticc Rich, of Winterport, now dead. one
judgment was originally for 80 and costs the other
for So and costs, amounting in all to about $40.
The defence was that there is no record of judg
mcnts, and the Judge ordered the jury to find a
verdict for the defendant. Brown for plff. John
son for deft.
Al. Stevens VS.. Benz. Kelley and w. A. Russell.
An action to $780, alleged damage to an ice
privilege on Goose river The case involves new
principles of law. brief history of the case is
as follows For many years Benjamin Kelley, of
Belfast, the father of one of the defendants, was
an axe manufacturer and millman, and conducted
business on the premises now occupied by his son.
There are several dams and mill privileges the
stream In 1854 the wooden dam, now known as
the upper paper mill dam, was replaced by stone
DAM and the paper mill erected, which was run by
the Russells of Lawrence. Mr.. Kelley, senior,
owned an interest in the dam, which on his death
went to his heirs. Since the paper mills ccase, to
work the dam has been used to regulate the water
for the benefit of the mills below. The dam holds
it is let out needed. Mr.. Kelley claims that he
uses and regulates the water for his own AMI other
mills precisely as his father did for forty five
years. The plff. claims that the pond, which IL
caused by the dam and which is upon his land,
affords in winter valuable ice privilege and that
the defts. wantonly and maliclously let the water
out which causes the ice to settle upon the mud
thereby running it. PIN. says the pond is capable
Of producing 10000 tons of ice yearly, and bv
reason of the action of dcfts, he has been injured
since lsso, he says, $1,000. The has been to
the law court points of law and the court has
said the pin. has cause of action if he can main
tain the facts, and the present trial is to prove the
facts alleged. The tefts deny that their action is
wanton or malicious, but claims, first that they
have the right to use the water for their own mill,
and secondly, for the use of the other mills below
them and that they use the water sparngly for the
good of all concerned. Verdict for defts. Thonp-
son x Dunton for pln. Foger and Pierce for defts.
Mr.. William S. Dodge, of lslcsboro, Il member
of the second jury was reprimandcd and dis
charged by the court for discussing the Caswcll-
Pitcher case during the progress of the trial Mr..
Dodge was Il member of the jury before whom the
case was tried, but one evening in store in town
discussed the case and made remarks which com
ing to the court caused an Investigations Mr..
Dodge was dismissed and the case went on with
eleven jurymcn.
subsequently Mr. r. W. Ellis, of Belfast, IL
member of the first jury, was called up for re-
marks concerning the same case. MIR. Melvin +.
Hill, of Nothport, made affidavit that he heard
Mr.. Ellis say to Mr.. Mitchell, foreman of the sec
ond jury before whom the was being tried
ssthnt if Mrs rnt rto ri, i IL,
Waldo county could sue her father for wages -
Mr.. Mitchell testified that Mr.. Ellis did not make
such remark to him or i'll his presence. Mr.
simpson and Mr. Mariner, two other jurymen
who were alleged to have heard the remark, botl,
testified that they heard no such thing. Mr. Ellis
admitted that he made such a remark, but not to
Mr.. Mitchell or any other member of the jury
that while Mr.. Hill might have heard him he was
mistaken as to the person to whom he made it.
The Court eNonerated Mr.. Ellis.
Emily W. johnson and Harriet G. Heath, of
Charlcstown, Mass, VS.. Mary ii. Merrihew, Bel.
fast. An action to recover possession of real cs
tate in Belfast. Feb. B. 1850, Capt. A. W. Nickcr
son. wife and three children, sailed for Scotland
in brig Josie e. IIaZeltine, of Belfast, and were
never heard from afterwards. The property in
dispute was owned by the Captain, he receiving ii
by decd from his mother. Six months after the
supposed death of Capt. Nickerson, Mr.. Aaron
Ncker>en, the father of Capt. A. w, decided the
property to deft. who is the mother of the captain.
wife. The plns, who are sisters of Capt A. W :,
say first that their mother was not of sound mind
when she decided the property, and second that, in
law, the father could not claim and transfer the
property for there was not sufficient lapse of
time after the supposed death had taken place
The case goes to the law court on report Thomp.
son Il Dunton for plhs. Fogler for def.
Minnie A. and Eula A. Worthng VS.. John p.
Manning. \ case of habeas corpus to recover pos
session of Il child. The plhs. live in Palermo, the
def. in Swanvillc, late of Lincolnvllc. The
child, Annie b. Manning, is Is years and 10 months
left her when this child was six months Old. The
mother claims that the chld's name is Frances NJ
Allen. The child was given to an aunt of Mrs. AL
len, the wife of the deft. where the child has ever
since lived. The mother was recently married to
Mr. Worthing and now claims her child. Mr.
Worthins was recently appointed the child's guar
dian, but without notice to the other side. The
cicft claims that the child has become emancipat-
cd and wants to live with him. J. w. Knowlto
4 Thompson for plns. Montgomery for def. On
trial.
The jurics had become reduced by illness and
excuses that Messrs. Charles w. Frederick an,
Asa F. Riggs, of Belfast, were drawn last week as
special iurymen. Mr.. Riggs was excused.
The criminal docket was taken up Monday az
ternoon. The first case was:
state vs.. Charles OConnell, of Belfast, indie ted
AS il common seller of Intoxicating liquors,-sec
ond offence. Mr.. OConnell made no defence
Three witnesses sworc to the purchase Of liquors.
amt the jury brought in verdict of guilty. Count,
Attorney Dunton for state. Hartman for tleft
State vs. John Z. Robbins, Belfast indicted AS Z
common seller of Intoxicating liquors-second of
fence. Robbins made defence and was con
victcd. County Attorney Dunton for State liar
riman for dcft
William -Arlen, of Scarsport, Il native of Sweden
and George j. Grotten, of Belfast, Il native OF
Spain, have been admitted to American citizenship
The following parties have been divorced:
Nesty NJ. Frcethy, Belfast, from Charles Free
thy.
George Harvey, I'd, swanvillc, from Elvira IIar
vcy.
State vs.. j. {, Robbins. Single SALE convicted
Co. Attorney Dunton for State. Hartman fol-
def.
state VS.. Nathaniel W. Holmes. Mr.. EIolmc.
pleaded guilty to indictments as 4 common seller
amt common nuisance and was fined 500 ON each
For single sale second offence. he went trial and
was convicted Co. Attorney Dunton for state
Hartman for dcft.
There are several other indictments against Mr
Holmes. Some are continued, amt others marke,
"Not to be brought forward except by order of the
Court"
Other liquor cases would have been called but
the defts. could not be found.
The juries were discharged Tuesday, law ques
lions occupying the attention of the court during
the remainder of the session.
Frank Wentworth, of Waldo, was summoned as
witness in liquor case on Monday, but failed t,
appear when called. He WAS intoxicated. \ ca
pias issued for his arrest. When he came t,
court on Monday Judge Emery fined him $40 ano
ordered him committed until it was paid. Went
worth paid the fine and testified in other cases.
Geo. +. Bracket, petition for mandamus vs.
Emery Boar,iman. An action brought to contes
the constitutionalty of sec. 40 of chapt. p Il. $
The deft. is Judge of Police Court of Belfast III,
denied petitioner a warrant under above section
claiming it was not constitutional, but when h,
hleu his answer he said he denied the warrant lie
cause the application not made in writing
winch was a fact. The case will not stand on tina
answer and has been dropped
The TrIbulatons and Trials of Belfast Rumsellers
The new law has not yet been enforced in Bel
fast but the liquor sellers are having an uncom
Portable time of it under the old law. There wer,
five indictments the present term Of court, anC